Nafr High Court
Case Details
1 2025:CGHC:2694 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 175 of 2025 1 - Satyanarayan Soni S/o Late Shri Motilal Soni Aged About 60 Years R/o Near Durga Mandir, Sadar Bazar, Durg, District- Durg (C.G.) versus ... Petitioner(s) 1 - State Of Chhattisgarh Through Secretary, Ministry Of Law, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (C.G.) 2 - Principal Secretary Ministry Of Home, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (C.G.) 3 - Collector And District Magistrate Raipur, District- Raipur (C.G.) 4 - Station House Officer Police Station- Golbazar, Raipur, District- Raipur (C.G.) ... Respondent(s) For Petitioner(s)
Legal Reasoning
: Mr. Rajeev Kumar Dubey, Advocate For Respondent(s) : Mrs. Binu Sharma, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 16/01/2025 1. The present petition has been filed by the petitioner under Section 528 of BNSS, 2023 for seeking direction for appointment of 2 Special Public Prosecutor and Special Advocate to plead and assist the Sessions Trial No. 132/2023 which is pending before the learned 7th Additional Sessions Judge, Raipur, District-Raipur (C.G.). 2. Brief facts of the case is that the petitioner is father of the deceased Smt. Riddhi Soni who has died on 11.03.2023 and the prosecution case is that on 11.03.2023 Police Station - Golbazar Raipur received information from control room through wireless set that Smt. Riddhi Soni W/o Tarun Soni has died in MMI Narayana Hospital Lalpur. During the morgue intimation, it was found that on 10.03.2023 in the night between 8.00 to 8.30 pm the deceased hanged herself by a saree in the bathroom of her house situated at Nayapara Shankar Chowk who was taken to MMI hospital by her family members where she was declared dead by the doctor. Subsequently FIR bearing Crime No. 81/2023 was registered by the police of Police Station - Golbazar, Raipur, District - Raipur (C.G.). Charge-sheet has been filed and the case is pending before the learned 7th Additional Sessions Judge, Raipur, District - Raipur (C.G.) as Sessions Trial No. 132/2023. On 09.06.2023 the petitioner moved an application before the respondent No.3/Collector, Raipur to appoint the senior advocate Suresh Prasad Sharma as Special Public Prosecutor for proper pleading on behalf the State. On 19.06.2023 advocate Suresh Prasad Sharma sent a consent letter to the respondent No.3 requesting to appoint the advocate Rakesh Tiwari to assist the Special Public Prosecutor. On 30.06.2023 the respondent No.3 sent a memo to the respondent No.2/Principal Secretary, Ministry of Home, State of Chhattisgarh to appoint the senior advocate Suresh Prasad Sharma as Special Public Prosecutor and advocate Rakesh Kumar Tiwari for his assistant for proper pleading on behalf the State of Chhattisgarh. The aforesaid memo dated 30.06.2023 is still pending even after passing more than 1½ years. 3 3. Learned Counsel for the petitioner contended that as per provisions of Section 24(8) of Code of Criminal Procedure, State of Chhattisgarh may appoint a Special Public Prosecutor to a person who has been in practice as an advocate for not less than 10 years. 4. Section 24 of The Code says that:- "24. Public Prosecutors- (1) For every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal or other proceeding on behalf of the Central Government or State Government, as the case may be. (8) The Central Government or the State Government may appoint, for the purposes of any case of class of cases, a person who has been in practice as an advocate for not les than ten years as a Special Public Prosecutor." 5. He further contended that the respondent No.3 / Collector, Raipur has sent a memo to the respondent No.2/Principal Secretary, Ministry of Home, State of Chhattisgarh to appoint the senior advocate Suresh Prasad Sharma as Special Public Prosecutor and advocate Rakesh Kumar Tiwari for his assistant for proper pleading on behalf the State of Chhattisgarh. 6. Learned counsel for the state contended that vehemently opposes the contention of learned counsel for the petitioner. 7. I have heard learned counsel for the parties and perused the record with utmost circumspection. 8. Perusal of record shows that the petitioner is father of the deceased Smt. Riddhi Soni who has died on 11.03.2023 and the prosecution case is that on 11.03.2023 Police Station - Golbazar Raipur received information from control room through wireless set that Smt. Riddhi Soni W/o Tarun Soni has died in MMI 4 Narayana Hospital Lalpur. During the merg intimation, it was found that on 10.03.2023 in the night between 8.00 to 8.30 pm the deceased hanged herself by a saree in the bathroom of her house situated at Nayapara Shankar Chowk who was taken to MMI hospital by her family members where she was declared dead by the doctor. Subsequently FIR bearing Crime No. 81/2023 was registered by the police of Police Station - Golbazar, Raipur, District - Raipur (C.G.). Charge-sheet has been filed and the case is pending before the learned 7th Additional Sessions Judge, Raipur, District - Raipur (C.G.) as Sessions Trial No. 132/2023. On 09.06.2023 the petitioner moved an application before the respondent No.3/Collector, Raipur to appoint the senior advocate Suresh Prasad Sharma as Special Public Prosecutor for proper pleading on behalf the State. On 19.06.2023 advocate Suresh Prasad Sharma sent a consent letter to the respondent No.3 requesting to appoint the advocate Rakesh Tiwari to assist the Special Public Prosecutor. On 30.06.2023 the respondent No.3 sent a memo to the respondent No.2/Principal Secretary, Ministry of Home, State of Chhattisgarh to appoint the senior advocate Suresh Prasad Sharma as Special Public Prosecutor and advocate Rakesh Kumar Tiwari for his assistant for proper pleading on behalf the State of Chhattisgarh. On 19.06.2023 advocate Suresh Prasad Sharma sent a consent letter to the respondent No.3 requesting to appoint the advocate Rakesh Tiwari to assist the Special Public Prosecutor. On 30.06.2023 the respondent No.3 sent a memo to the respondent No.2/Principal Secretary, Ministry of Home, State of Chhattisgarh to appoint the senior advocate Suresh Prasad Sharma as Special Public Prosecutor and advocate Rakesh Kumar Tiwari for his assistant for proper pleading on behalf the State of Chhattisgarh. 9. Section 301 of Cr.P.C. provides as under: 5 “301. Appearance by Public Prosecutors. (1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal. (2) If in any such case any private person instructs a pleader to prosecute any person in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution, and the pleader so instructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor, and may, with the permission of the Court, submit written arguments after the evidence is closed in the case.” 10. Section 302 of Cr.P.C. provides as under: “302. Permission to conduct prosecution. (1)Any Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a police officer below the rank of Inspector; but no person, other than the Advocate- General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to do so without such permission :Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted. (2)Any person conducting the prosecution may do so personally or by a pleader.” 11. Considering the above-mentioned provisions of the Cr.P.C. this Court is of the considered opinion that there is no cogent reason to allow this petition. 12. Hence, the present petition is dismissed on merits. Sd/- (Arvind Kumar Verma) JUDGE Madhurima